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HomeMy WebLinkAbout10.3 Impact City of Rexburg Development Code: SUPPLEMENTARY SECTION 10.3: AREA OF CITY IMPACT FOR CITY OF REXBURG *All Zoning Standards apply. (See 3.01-3.06) 10.03.010. Applicability 10.03.020. Purpose 10.03.030. Boundary Definitions 10.03.040. Zoning Districts, Zoning Map, Zoning Tables, Land Use Schedules 10.03.050. Applicability of Rexburg Development Code in Area of City Impact 10.03.060. Legal Description of Impact Area / Rexburg, Idaho Impact Area with Madison County Legal Description 10.03.070. Fees 10.03.080. Appeal of City Impact Matter 10.03.090. Enforcement 10.03.010. Applicability The regulations of this Chapter shall apply to the Area of City Impact and shall supplement the regulations appearing elsewhere in this Ordinance. This Chapter is being adopted pursuant to Idaho Code, Section 67-6526, and any and all amendments thereto, pursuant to mutual agreement between the City of Rexburg and Madison County. 10.03.020. Purpose The purpose of this chapter is to identify an Area of City Impact, considering such factor as trade area, geographic factors and areas that can reasonably be expected to be annexed to the city in the future. The intent of this Chapter is to define the geographic Area of City Impact and to set forth the plans and ordinances, which will be adopted and be applicable to the area as defined in Chapter 65, as set forth by the Idaho legislature. 10.03.030. Boundary Definitions a. The boundaries of the Area of City Impact are defined by separate ordinance. The boundaries and zoning classifications of the area of city impact are shown on the map entitled “City of Rexburg Impact Area” The map and all information shown thereon are by reference and made a part of this ordinance. b. The method for amending the impact boundaries shall be governed by Idaho Code, Section 67.6526 (d). 10.03.040. Zoning Districts, Zoning Map, Zoning Tables, Land Use Schedules a. Zoning districts authorized in the Area of City Impact comprise two specific categories: 1. All existing zones listed in Section 3.1 of this ordinance and described in Chapters 3-9 hereof. b. Zoning Map. The zoning map shall designate the zoning districts in the area of city impact of the City of Rexburg and shall be made a part of this ordinance by reference. c. Compliance with this Section. Site plans, subdivision requirements, annexation and development agreement shall include provision for installation and continued maintenance of all buffers and compliance with all city and county ordinances applicable within the Area of City Impact. 10.03.050. Applicability of Rexburg Development Code in Area of City Impact Any zones, which are located within the area of city impact, shall be subject to all provisions of the Rexburg Development Code and any amendments thereto. a. The following provisions shall apply to the TAG and RR1 zones: Description of Land and Livestock. 1. Any landowner having livestock upon lands located within the area of city impact may, prior to February 15, 1995, provide to the Planning and Zoning Commission a description of the land together with a description of the livestock on said lands, which shall include Page 265 of 362 City of Rexburg Development Code: SUPPLEMENTARY the number of livestock as well as the type of livestock located on said lands. Historic Herd Size. a) The Planning and Zoning Commission shall review the descriptions as submitted by the land owner and together with the landowner determine a historic herd size for the parcel of land described. The record of historic herd size shall be kept by the City Clerk and shall be preserved for the purpose of determining existing land use on said lands as of February 15, 1995. Discontinued Use. 2. In the event a landowner shall discontinue the use and maintenance of livestock on lands described and provided to the Planning and Zoning Commission for a period of five (5) consecutive years, when such use shall not be reestablished, the uses of the premises thereafter shall be in conformity with the regulations of the zone district in which the land is situated; provided, that the use and maintenance of a lesser number of the same general type of livestock on the described lands shall be deemed to conform to the historic herd size as recorded with the City Clerk and will allow the continued recognition of the historic herd size as the current existing land use. Expansion or Enlargement of Herd. 3. The expansion or enlargement of a livestock herd shall be allowed only by the granting of a conditional use permit, zone change or variance, as provided by this ordinance and depending upon the particular circumstances and facts involved. 10.03.060. Legal Description of Impact Area/Rexburg, Idaho Impact Area with Madison County Legal Description (Ord. 1150) “Beginning at a point 300 feet west following the centerline of Highway 33 and the intersection of said centerline with the west section line of section 26, Township 06 North, Range 39 East, being the point of beginning, thence south to the intersection of the south line of the northeast quarter of southwest quarter of Section 02, Township 5 North , Range 39 East, thence east to the intersection of the southwest corner of northeast quarter of southeast quarter of Section 04, Township 5 North, Range 39 East, thence continuing east 422 feet more or less, thence north to the South quarter corner of Sec. 33, Township 06 North, Range 40 East, thence continuing north to the north quarter corner of Section 16, Township 06 North, Range 40 East, thence west along north section lines to where it intersects the west right of way line of North Yellowstone Highway thence northeasterly along said right of way to where it intersects the center section line of section 08, Township 06 North, Range 40 East, thence west along said center section line to the west quarter corner of section 08, thence north along section line to where it intersects the centerline of US Highway 20, thence following centerline of said highway in a southwesterly direction to where it intersects with a line being 300 feet north and parallel to south section line of section 07, Township 06 North, Range 39 East, thence continuing west to a point that intersects with the center line of Section 11, Township 06 North, Range 39 E, thence south approximately 300 feet to south quarter corner of said section 11, thence continuing south to a point where the center section line of section 26, Township 06 North, Range 39 East, intersects with the centerline of Highway 33, thence westerly along centerline of highway 33 to point of beginning.” Note: There is an overlap with Sugar City’s Impact Area in the north half of southwest quarter of Section 08, Township 06 North, Range 40 East. 10.03.070. Impact Area Fees (See 1.02.040.e.6.) 10.03.080. Appeal of City Impact Matter (See 1.03.110.) 10.03.090 Enforcement The City of Rexburg and Madison County authorize the Rexburg Planning and Zoning Commission to be the enforcing agency responsible for enforcing compliance with the provisions of this ordinance within the Area of City Impact. a. Enforcement policies and procedures shall be in compliance with the authorities and duties of the Zoning Administrator, acting as Chief Enforcement Officer for the Commission as provided by Chapter 1. Page 266 of 362 City of Rexburg Development Code: SUPPLEMENTARY (Map is per ordinance 1150.) Page 267 of 362